Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured victims receive compensation for their losses. The common law system governs medical malpractice lawsuits.

In common law, doctors must observe a standard of care in treating their patients. If a doctor does not adhere to accepted medical practice and causes injury or death, then he may be held responsible for negligence.

Duty of Care

Medical professionals are expected to adhere to a set standards accepted by the medical industry as being prudent and reasonable when providing treatment. A patient might be eligible to file a claim for medical malpractice if these standards aren't adhered to and the failure results in injuries or health issues.

The first step in a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider and that the entity or person was bound to act reasonably. You then need to prove that the breach occurred. This is typically done with the use of expert testimony that can provide an objective analysis and evaluation of the situation.

This expert witness will be able determine if the defendant's actions are in violation of the standard of care that is accepted in your particular situation. To allow the expert to make this determination they must be able to examine your medical records and conduct an examination or interview with you.

You must be able to establish that the breach directly led to your injury. This is known as causation and it is the third requirement of a negligence claim. In the majority of cases, you'll require a direct cause-and- effect connection between the breach of duties and the resulting injury. For instance, a mistake in diagnosis could result in the wrong treatment or lawsuits medication being administered, which in turn causes an adverse reaction, like a heart attack.

Breach of Duty

Like all people, have a legal obligation to conduct themselves with reasonable care and caution. However doctors are held to a more stringent standard because they are considered medical experts and have to make life and death decisions. The duty of care is outlined in laws and standards for certain types of treatments and procedures.

In a case of negligence, it is vital to prove that the defendant owed an obligation to take care of the plaintiff. It must be proved that the defendant breached this obligation of care. This means that the doctor failed to perform to the required standard of care in the particular situation. The standard of care is typically determined by what a reasonable person would do under the circumstances. For example an honest driver would not speed through when there is a red light.

In a lawsuit involving a malpractice expert witnesses could be needed to testify on the standard of care that was violated and how this standard was breached. They can also explain the cause of the injury and what could be done to stop it from happening.

Damages

In the United States, physicians are required to have malpractice insurance to cover any potential loss that may result from medical negligence. To file a claim, the plaintiff will need to prove both financial losses (such medical expenses and lost wages), as well as noneconomic losses (such suffering and pain).

The amount of compensation you receive from a successful suit for malpractice depends on how well your New York medical malpractice attorney will argue for your losses. Your lawyer can establish medically necessary expenses by examining your medical records, utilizing experts' testimony, and consulting economic experts. Your medical malpractice attorney must prove that you lost your earnings by proving the amount of days you were absent from work because of medical conditions, and also the reason for these absences resulted from the negligence of the defendant.

The non-economic loss can be more difficult to prove and might require the help of a professional who can be able to testify about your physical, emotional and mental suffering because of the negligent actions of the defendant. Other forms of non-economic damages include loss of consortium, which is an inability to maintain a loving and sexual relationship like you used to with your spouse or your significant other. The attorney representing the defendant will challenge your non-economic damages by a process of interrogatories, depositions and demands for documents and declarations under oath.

Statute of limitations

In New York, as with every state, there are specific time limits - commonly known as statutes of limitation within which a medical malpractice lawsuit must be filed otherwise it will be dismissed by the courts. A seasoned New York medical malpractice lawyer is familiar with these nuances and will make sure that your claim is filed by the deadlines that are set by law.

In most cases, the victim of medical negligence must bring a suit within two and a half years of the date that the act or omission of an health professional caused the injury or death. As with all laws, this rule is not without exceptions. If, for instance, the error made by the health professional was part of a continuing treatment plan, then the "clock" of 30 months will not begin until the course of treatment is completed or the patient is informed of the diagnosis.

In some instances patients may not recognize the problem until a long time later, for example in the event that a foreign substance is left in the body following surgery or treatment. To tackle this issue, lawsuits the majority of states have embraced what is known as the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your attorney will know the specific laws of your state and carefully review your case timeline to avoid any administrative errors which could cause delays to your claim.